I 

112TH CONGRESS 

1ST SESSION H. R. 1599 

To facilitate economic growth and development in Indian country, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. COLE introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committees on Education 

and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To facilitate economic growth and development in Indian 

country, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Indian Country Economic Development Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—AMENDMENT TO NATIONAL LABOR RELATIONS ACT 


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Sec. 101. Amendment to definition of employer under the National Labor Relations Act. 

TITLE II—FICA FORGIVENESS ON STUDENT LOANS 

Sec. 201. Exclusion from gross income for payments under Indian Health Service Loan Repayment Program. 

TITLE III—STUDENT LOAN REPAYMENTS EXCLUDED FROM 

GROSS INCOME 

Sec. 301. Bureau of Indian Education student loan repayments excluded from 

gross income. 

TITLE IV—INDIAN TRIBAL GOVERNMENT PENSION PLANS 

Sec. 401. Treatment of certain pension plans of Indian tribal governments. 

TITLE V—ISSUANCE OF TAX-EXEMPT BONDS 

Sec. 501. Modifications of authority of Indian tribal governments to issue taxexempt bonds. 

Sec. 502. Essential governmental function. 

Sec. 503. Exemption from registration requirements. 

TITLE VI—TAX CREDIT FOR TECH COMPANIES IN INDIAN 

COUNTRY 

Sec. 601. Business credit for technology companies in Indian country. 

TITLE VII—TRIBAL LEASES 

Sec. 701. Approval of, and regulations related to, tribal leases. 

Sec. 702. Land title reports; review and report to Congress. 

TITLE VIII—EXEMPTIONS FROM TITLE VI OF THE CIVIL RIGHTS 

ACT OF 1964 

Sec. 801. Preference on account of tribe membership. 

TITLE IX—INDIAN TRIBAL DEVELOPMENT 

Sec. 901. Purposes. 

Sec. 902. Definitions. 

Sec. 903. Lead agency. 

Sec. 904. Selection of participating tribes. 

Sec. 905. Application requirements, review, and approval. 

Sec. 906. Authority of heads of Federal agencies. 

Sec. 907. Procedures for processing requests for joint financing. 

Sec. 908. Uniform administrative procedures. 

Sec. 909. Delegation of supervision of assistance. 

Sec. 910. Joint assistance funds and project facilitation. 

Sec. 911. Financial management, accountability, and audits. 

Sec. 912. Technical assistance and personnel training. 

Sec. 913. Joint state financing for Federal-tribal assisted projects. 

Sec. 914. Report to Congress. 


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1 TITLE I—AMENDMENT TO NA2 TIONAL LABOR RELATIONS 

3 ACT 

4 SEC. 101. AMENDMENT TO DEFINITION OF EMPLOYER 

5 UNDER THE NATIONAL LABOR RELATIONS 

6 ACT. 

7 Section 2 of the National Labor Relations Act (29 

8 U.S.C. 152) is amended— 

9 (1) in paragraph (2), by inserting ‘‘or any en10 terprise or institution owned and operated by an In11 dian tribe and located on its Indian lands,’’ after 

12 ‘‘subdivision thereof,’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(15) The term ‘Indian tribe’ means any Indian 

15 tribe, band, nation, pueblo, or other organized group 

16 or community which is recognized as eligible for the 

17 special programs and services provided by the 

18 United States to Indians because of their status as 

19 Indians. 

20 ‘‘(16) The term ‘Indian’ means any individual 

21 who is a member of an Indian tribe. 

22 ‘‘(17) The term ‘Indian lands’ means— 

23 ‘‘(A) all lands within the limits of any In24 dian reservation; 


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1 ‘‘(B) any lands title to which is either held 

2 in trust by the United States for the benefit of 

3 any Indian tribe or individual or held by any 

4 Indian tribe or individual subject to restriction 

5 by the United States against alienation; and 

6 ‘‘(C) any lands in the State of Oklahoma 

7 that are within the boundaries of a former res8 ervation (as defined by the Secretary of the In9 terior) of a federally recognized Indian tribe.’’. 

10 TITLE II—FICA FORGIVENESS 

11 ON STUDENT LOANS 

12 SEC. 201. EXCLUSION FROM GROSS INCOME FOR PAY13 MENTS UNDER INDIAN HEALTH SERVICE 

14 LOAN REPAYMENT PROGRAM. 

15 (a) IN GENERAL.—Paragraph (4) of section 108(f) 

16 of the Internal Revenue Code of 1986 is amended by in17 serting ‘‘or under section 108 of the Indian Health Care 

18 Improvement Act’’ before the period at the end. 

19 (b) CONFORMING AMENDMENT.—The heading for 

20 section 108(f)(4) of such Code is amended by striking 

21 ‘‘AND CERTAIN’’ and inserting ‘‘, INDIAN HEALTH SERVICE

22 LOAN REPAYMENT PROGRAM, AND CERTAIN’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to payments made after the date 

25 of the enactment of this Act. 


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1 TITLE III—STUDENT LOAN RE2 PAYMENTS EXCLUDED FROM 

3 GROSS INCOME 

4 SEC. 301. BUREAU OF INDIAN EDUCATION STUDENT LOAN 

5 REPAYMENTS EXCLUDED FROM GROSS IN6 COME. 

7 (a) IN GENERAL.—Part III of subchapter B of chap8 ter 1 of the Internal Revenue Code of 1986 (relating to 

9 items specifically excluded from gross income) is amended 

10 by adding at the end the following new section: 

11 ‘‘SEC. 139F. BUREAU OF INDIAN EDUCATION STUDENT 

12 LOAN REPAYMENTS. 

13 ‘‘Gross income does not include amounts remuner14 ated under a student loan repayment program authorized 

15 under section 5379 of title 5, United States Code, by the 

16 Bureau of Indian Education on behalf of an employee of 

17 such Bureau whose responsibilities include working with 

18 or instructing students who attend schools overseen by 

19 such Bureau.’’. 

20 (b) CONFORMING AMENDMENT.—The table of sec21 tions for part III of subchapter B of chapter 1 of such 

22 Code is amended by adding at the end the following new 

23 item: 

‘‘Sec. 139F. Bureau of Indian Education student loan repayments.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to student loan repayments made 

3 after the date of the enactment of this Act. 

4 TITLE IV—INDIAN TRIBAL 

5 GOVERNMENT PENSION PLANS 

6 SEC. 401. TREATMENT OF CERTAIN PENSION PLANS OF IN7 DIAN TRIBAL GOVERNMENTS. 

8 (a) AMENDMENTS TO THE INTERNAL REVENUE

9 CODE OF 1986.— 

10 (1) QUALIFIED PUBLIC SAFETY EMPLOYEE.— 

11 Section 72(t)(10)(B) of the Internal Revenue Code 

12 of 1986 (definition of qualified public safety em13 ployee) is amended by— 

14 (A) striking ‘‘or political subdivision of a 

15 State’’ and inserting ‘‘, political subdivision of 

16 a State, or Indian tribe’’; and 

17 (B) striking ‘‘such State or political sub18 division’’ and inserting ‘‘such State, political 

19 subdivision, or tribe’’. 

20 (2) GOVERNMENTAL PLAN.—The last sentence 

21 of section 414(d) of such Code (definition of govern22 mental plan) is amended to read as follows: ‘‘The 

23 term ‘governmental plan’ includes a plan established 

24 or maintained for its employees by an Indian tribal 

25 government (as defined in section 7701(a)(40)), a 


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1 subdivision of an Indian tribal government (deter2 mined in accordance with section 7871(d)), an agen3 cy, instrumentality, or subdivision of an Indian trib4 al government, or an entity established under Fed5 eral, State, or tribal law which is wholly owned or 

6 controlled by any of the foregoing.’’. 

7 (3) DOMESTIC RELATIONS ORDER.—Section 

8 414(p)(1)(B)(ii) of such Code (definition of domestic 

9 relations order) is amended by inserting ‘‘or tribal’’ 

10 after ‘‘State’’. 

11 (4) EXEMPT GOVERNMENTAL DEFERRED COM12 PENSATION PLAN.—Section 3121(v)(3) of such Code 

13 (definition of governmental deferred compensation 

14 plan) is amended by inserting ‘‘by an Indian tribal 

15 government or subdivision thereof,’’ after ‘‘political 

16 subdivision thereof,’’. 

17 (5) DEFERRED COMPENSATION PLANS.—Sec18 tion 457 of such Code (deferred compensation plans) 

19 is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(h) TRIBAL GOVERNMENTS.—Plans maintained by 

22 an Indian tribal government (as defined in section 

23 7701(a)(40)), a subdivision of an Indian tribal govern24 ment (determined in accordance with section 7871(d)), an 

25 agency, instrumentality, or subdivision of an Indian tribal 


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1 government, or an entity established under Federal, State, 

2 or tribal law which is wholly owned or controlled by any 

3 of the foregoing, in compliance with Section 457(b) or (f) 

4 are treated as if established by an eligible employer under 

5 Section 457(e)(1)(A).’’. 

6 (b) AMENDMENTS TO THE EMPLOYEE RETIREMENT

7 INCOME SECURITY ACT OF 1974.— 

8 (1) IN GENERAL.—The last sentence of section 

9 3(32) of the Employee Retirement Income Security 

10 Act of 1974 (29 U.S.C. 1002(32)) is amended to 

11 read as follows: ‘‘The term ‘governmental plan’ in12 cludes a plan established or maintained for its em13 ployees by an Indian tribal government (as defined 

14 in section 7701(a)(40) of the Internal Revenue Code 

15 of 1986), a subdivision of an Indian tribal govern16 ment (determined in accordance with section 

17 7871(d) of such Code), an agency, instrumentality, 

18 or subdivision of an Indian tribal government, or an 

19 entity established under Federal, State, or tribal law 

20 which is wholly owned or controlled by any of the 

21 foregoing.’’. 

22 (2) DOMESTIC RELATIONS ORDER.—Section 

23 206(d)(3)(B)(ii)(II) of such Act is amended by in24 serting ‘‘or tribal’’ after ‘‘State’’. 

25 (3) CONFORMING AMENDMENTS.— 


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1 (A) Paragraph (2) of section 109(d) of the 

2 Worker, Retiree, and Employer Recovery Act of 

3 2008 (Public Law 110–458; 122 Stat. 5112) is 

4 repealed, and, subject to subparagraph (B), the 

5 provisions amended by such paragraph shall 

6 read as if such paragraph had not been en7 acted. 

8 (B) Section 4021(b)(14) of such Act (as in 

9 effect on the date of the enactment of the Pen10 sion Protection Act of 2006 (Public Law 109– 

11 280; 120 Stat. 780) and prior to the enactment 

12 of section 109(d)(2) of the Worker, Retiree, 

13 and Employer Recovery Act of 2008) is amend14 ed to read as follows: 

15 ‘‘(14) established or maintained for its employ16 ees by an Indian tribal government (as defined in 

17 section 7701(a)(40) of the Internal Revenue Code of 

18 1986), a subdivision of an Indian tribal government 

19 (determined in accordance with section 7871(d) of 

20 such Code), an agency, instrumentality, or subdivi21 sion of an Indian tribal government, or an entity es22 tablished under Federal, State, or tribal law which 

23 is wholly owned or controlled by any of the fore24 going.’’. 


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1 (C) Section 4021(b)(2) of such Act (29 

2 U.S.C. 1321(b)(2)) is amended by striking ‘‘,

3 or which is described in the last sentence of sec4 tion 3(32)’’ and inserting a period. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) and paragraphs (1), (2), (3)(B), and (3)(C) 

7 of subsection (b) shall take effect as if included in section 

8 906 of the Pension Protection Act of 2006. 

9 TITLE V—ISSUANCE OF TAX10 EXEMPT BONDS 

11 SEC. 501. MODIFICATIONS OF AUTHORITY OF INDIAN TRIB12 AL GOVERNMENTS TO ISSUE TAX-EXEMPT 

13 BONDS. 

14 Subsection (c) of section 7871 of the Internal Rev15 enue Code of 1986 (relating to Indian tribal governments 

16 treated as States for certain purposes) is amended to read 

17 as follows: 

18 ‘‘(c) ADDITIONAL REQUIREMENTS FOR TAX-EXEMPT

19 BONDS.— 

20 ‘‘(1) IN GENERAL.—Section 103 shall apply to 

21 any obligation issued by an Indian tribal government 

22 (or subdivision thereof), and any private activity 

23 bond (as defined in section 141(a)) issued by an In24 dian tribal government shall be treated as a qualified 

25 bond for the purposes of such section, only if— 


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1 ‘‘(A) such obligation is part of an issue 

2 substantially all of the proceeds of which are to 

3 be used in the exercise of any essential govern4 mental function, or 

5 ‘‘(B) such obligation is part of an issue 95 

6 percent or more of the net proceeds of which 

7 are to be used to finance any facility located on 

8 an Indian reservation. 

9 ‘‘(2) EXCLUSION OF GAMING.—An obligation 

10 described in subparagraph (A) or (B) of paragraph 

11 (1) may not be used to finance any portion of a 

12 building in which class II or III gaming (as defined 

13 in section 4 of the Indian Gaming Regulatory Act 

14 (25 U.S.C. 2703)) is conducted or housed or any 

15 other property actually used in the conduct of such 

16 gaming. 

17 ‘‘(3) DEFINITIONS.—For purposes of this sub18 section— 

19 ‘‘(A) INDIAN TRIBE.—The term ‘Indian 

20 tribe’ means any Indian tribe, band, nation, 

21 pueblo, or other organized group or community 

22 which is recognized as eligible for the special 

23 programs and services provided by the United 

24 States to Indians because of their status as In25 dians. 


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1 ‘‘(B) INDIAN RESERVATION.—The term 

2 ‘Indian reservation’ means a reservation, as de3 fined in section 4(10) of the Indian Child Wel4 fare Act of 1978 (25 U.S.C. 1903(10)).’’. 

5 SEC. 502. ESSENTIAL GOVERNMENTAL FUNCTION. 

6 Subsection (e) of section 7871 of the Internal Rev7 enue Code of 1986 is amended to read as follows: 

8 ‘‘(e) ESSENTIAL GOVERNMENTAL FUNCTION.—The 

9 term ‘essential governmental function’ includes any func10 tion which is performed by a State or local government 

11 with general taxing powers.’’. 

12 SEC. 503. EXEMPTION FROM REGISTRATION REQUIRE13 MENTS. 

14 The first sentence of section 3(a)(2) of the Securities 

15 Act of 1933 (15 U.S.C. 77c(a)(2)) is amended by inserting 

16 ‘‘or by any Indian tribal government or subdivision thereof 

17 (within the meaning of section 7871 of the Internal Rev18 enue Code of 1986),’’ after ‘‘or Territories,’’. 

19 TITLE VI—TAX CREDIT FOR 

20 TECH COMPANIES IN INDIAN 

21 COUNTRY 

22 SEC. 601. BUSINESS CREDIT FOR TECHNOLOGY COMPANIES 

23 IN INDIAN COUNTRY. 

24 (a) IN GENERAL.—Subpart D of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of 


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1 1986 (relating to business-related credits) is amended by 

2 adding at the end the following new section: 

3 ‘‘SEC. 45S. TECHNOLOGY COMPANIES IN INDIAN COUNTRY. 

4 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

5 the qualified technology employment credit for any taxable 

6 year is an amount equal to $3,000 multiplied by each cov7 ered full-time employee of a qualified high technology busi8 ness. 

9 ‘‘(b) QUALIFIED HIGH TECHNOLOGY BUSINESS.— 

10 For purposes of this section— 

11 ‘‘(1) IN GENERAL.—The term ‘qualified high 

12 technology business’ means a trade or business 

13 that— 

14 ‘‘(A) provides qualified covered items to 

15 the United States Government, and 

16 ‘‘(B) is located in Indian country (as de17 fined by section 1151 of title 18, United States 

18 Code). 

19 ‘‘(2) QUALIFIED COVERED ITEM.—The term 

20 ‘qualified covered item’ means a covered item (as de21 fined by section 2533a(b) of title 10, United States 

22 Code (relating to requirement to buy certain articles 

23 from American sources; exceptions)), which is a do24 mestic sole-sourced technology and which would re25 quire an exception under subsection (c) or (e) of secVerDate Mar 15 2010 22:51 Apr 20, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1599.IH H1599

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1 tion 2533a of such title if the United States Govern2 ment were to otherwise procure such technology 

3 from a source without the United States. 

4 ‘‘(3) EXCEPTION.—The term ‘qualified covered 

5 item’ shall not include any item which ceases to be 

6 a domestic sole-sourced technology, as determined by 

7 the Secretary of Defense. 

8 ‘‘(c) COVERED FULL-TIME EMPLOYEE.—For pur9 poses of this section, the term ‘covered full-time employee’ 

10 means, with respect to any qualified covered item pro11 duced by the taxpayer, an individual who— 

12 ‘‘(1) is providing services to the employer as an 

13 employee for an average of not less than 32 hours 

14 per week for the taxable year of the employer, and 

15 ‘‘(2) substantially all of whose services are inte16 grally related to the production of such qualified cov17 ered item. 

18 ‘‘(d) LOCATED IN INDIAN COUNTRY.—For purposes 

19 of this section, a trade or business is located in Indian 

20 country if such trade or business would be treated as a 

21 qualified business entity using the criteria of paragraphs 

22 (1) through (8) of section 1397C(b) or as a qualified pro23 prietorship using the criteria of paragraphs (1) through 

24 (9) of section 1397C(c), determined for purposes of this 


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1 section by treating Indian country as an empowerment 

2 zone.’’. 

3 (b) CREDIT ALLOWED AS PART OF GENERAL BUSI4 NESS CREDIT.—Section 38(b) of such Code (defining cur5 rent year business credit) is amended by striking ‘‘plus’’ 

6 at the end of paragraph (35), by striking the period at 

7 the end of paragraph (36) and inserting ‘‘, plus’’, and by 

8 adding at the end the following new paragraph: 

9 ‘‘(37) the qualified technology employment 

10 credit determined under section 45S.’’. 

11 (c) CONFORMING AMENDMENT.—The table of sec12 tions for subpart D of part IV of subchapter A of chapter 

13 1 of such Code is amended by adding at the end the fol14 lowing new item: 

‘‘Sec. 45S. Technology companies in Indian country.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall to items acquired after the date of enact17 ment of this Act. 

18 TITLE VII—TRIBAL LEASES 

19 SEC. 701. APPROVAL OF, AND REGULATIONS RELATED TO, 

20 TRIBAL LEASES. 

21 The first section of the Act titled ‘‘An Act to author22 ize the leasing of restricted Indian lands for public, reli23 gious, educational, recreational, residential, business, and 

24 other purposes requiring the grant of long-term leases’’, 


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1 approved August 9, 1955 (25 U.S.C. 415), is amended 

2 as follows: 

3 (1) In subsection (d)— 

4 (A) by striking paragraph (2) and insert5 ing the following: 

6 ‘‘(2) the term ‘Indian tribe’ has the meaning 

7 given such term in section 4(e) of the Indian Self8 Determination and Education Assistance Act (25 

9 U.S.C. 450b(e));’’; 

10 (B) in paragraph (3)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘Navajo’’; 

13 (ii) in subparagraph (A), by striking 

14 ‘‘the Navajo Nation’’ and inserting ‘‘an In15 dian tribe’’; 

16 (iii) in subparagraph (B), by striking 

17 ‘‘Navajo Indians or members of another 

18 Indian tribe’’ and inserting ‘‘an Indian 

19 tribe or a member of an Indian tribe’’; and 

20 (iv) in subparagraph (C)(i), by strik21 ing ‘‘Navajo Indian’’ and inserting ‘‘mem22 ber of an Indian tribe’’; 

23 (C) in paragraph (4), by striking ‘‘the 

24 Navajo Nation’’ and inserting ‘‘an applicable 

25 Indian tribe’’; 


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1 (D) by striking paragraph (5) and redesig2 nating paragraphs (6), (7), and (8) as para3 graphs (5), (6), and (7), respectively; 

4 (E) in paragraph (5) (as redesignated), by 

5 striking ‘‘the Navajo Nation’’ and inserting ‘‘an 

6 Indian tribe’’; and 

7 (F) in paragraph (7) (as redesignated)— 

8 (i) by striking ‘‘the Navajo Nation’’; 

9 and 

10 (ii) by striking ‘‘with Navajo Nation 

11 law’’ and inserting ‘‘with applicable tribal 

12 law’’. 

13 (2) In subsection (e)— 

14 (A) by amending the subsection heading to 

15 read as follows: ‘‘APPROVAL OF LEASES—TRIB16 AL DISCRETION.—’’; 

17 (B) in paragraph (1)— 

18 (i) in the matter preceding subpara19 graph (A), by striking ‘‘Any leases by the 

20 Navajo Nation’’ and inserting ‘‘At the dis21 cretion of any Indian tribe, any leases by 

22 the applicable Indian tribe’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘Navajo Nation’’ and inserting ‘‘applicable 

25 Indian tribe’’; 


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1 (C) in paragraph (2), by striking ‘‘Nav2 ajo’’; 

3 (D) in paragraph (3)— 

4 (i) by striking ‘‘the regulations of the 

5 Navajo Nation’’ and inserting ‘‘such regu6 lations’’; and 

7 (ii) by striking ‘‘with the Navajo Na8 tion’’ and inserting ‘‘with the applicable 

9 Indian tribe’’; 

10 (E) in paragraph (4), by striking ‘‘Navajo 

11 Nation’’ each place it appears and inserting 

12 ‘‘applicable Indian tribe’’; 

13 (F) in paragraph (5)— 

14 (i) by striking ‘‘paragraph (1), includ15 ing the Navajo Nation.’’ and inserting 

16 ‘‘paragraph (1).’’; and 

17 (ii) by striking ‘‘to the Navajo Na18 tion’’ and inserting ‘‘to the applicable In19 dian tribe’’; 

20 (G) in paragraph (6)(A)— 

21 (i) by striking ‘‘of the Navajo Nation’’ 

22 and inserting ‘‘of the applicable Indian 

23 tribe’’; and 

24 (ii) by striking ‘‘Navajo Nation tribal’’ 

25 and inserting ‘‘tribal’’; and 


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1 (H) in paragraph (6)(B), by striking 

2 ‘‘Navajo Nation’’ both places it appears and in3 serting ‘‘applicable Indian tribe’’. 

4 SEC. 702. LAND TITLE REPORTS; REVIEW AND REPORT TO 

5 CONGRESS. 

6 Not later than 180 days after funds are made avail7 able to carry out this section, the Bureau of Indian Affairs 

8 shall prepare and submit to the Committee on Financial 

9 Services and the Committee on Natural Resources of the 

10 House of Representatives and the Committee on Banking, 

11 Housing, and Urban Affairs and the Committee on Indian 

12 Affairs of the Senate a report regarding the history and 

13 experience of Indian tribes that have chosen to assume 

14 responsibility for carrying out Indian Land Titles and 

15 Records Office functions (in this section referred to as 

16 ‘‘LTRO functions’’) from the Bureau of Indian Affairs. 

17 In conducting the review, the Bureau of Indian Affairs 

18 shall consult with the Department of Housing and Urban 

19 Development Office of Native American Programs and 

20 those Indian tribes that are carrying out LTRO functions. 

21 The review shall include an analysis of the following fac22 tors: 

23 (1) Whether and how the carrying out of LTRO 

24 functions by Indian tribes has expedited the proc25 essing and issuance of Indian land title certifications 


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1 as compared to the 10-year period prior to the 

2 transfer of such responsibilities from the Bureau of 

3 Indian Affairs to the Indian tribes. 

4 (2) Whether and how the carrying out of LTRO 

5 functions by Indian tribes has increased home own6 ership among the members of such Indian tribes on 

7 the land involved. 

8 (3) What internal preparations and processes 

9 were required for Indian tribes to begin carrying out 

10 LTRO functions. 

11 (4) Whether the carrying out of LTRO func12 tions by Indian tribes resulted in a transfer of finan13 cial and human resources from the Bureau of Indian 

14 Affairs to the Indian tribes carrying out such func15 tions and, if so, what transfers were undertaken. 

16 (5) Whether, in appropriate circumstances and 

17 with the approval of geographically proximate Indian 

18 tribes, LTRO functions may be performed by a sin19 gle Indian tribe or by a tribal consortium in a cost20 effective manner. 


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1 TITLE VIII—EXEMPTIONS FROM 

2 TITLE VI OF THE CIVIL 

3 RIGHTS ACT OF 1964 

4 SEC. 801. PREFERENCE ON ACCOUNT OF TRIBE MEMBER5 SHIP. 

6 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000d et seq.) is amended by adding at the end the fol8 lowing new section: 

9 ‘‘SEC. 607. The granting of a preference to a member 

10 of an Indian tribe by the Indian tribe on account of mem11 bership in the Indian tribe is not a violation of section 

12 601. For purposes of this section, the term ‘Indian tribe’ 

13 has the meaning given such term in section 4(e) of the 

14 Indian Self-Determination and Education Assistance Act 

15 (25 U.S.C. 450b(e)).’’. 

16 TITLE IX—INDIAN TRIBAL 

17 DEVELOPMENT 

18 SEC. 901. PURPOSES. 

19 The purposes of this title are— 

20 (1) to enable Indian tribes and tribal organiza21 tions to use available Federal assistance more effec22 tively and efficiently; 

23 (2) to adapt and target such assistance more 

24 readily to particular needs through wider use of 

25 projects that are supported by more than 1 agency, 


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1 assistance program, or appropriation of the Federal 

2 Government; 

3 (3) to encourage Federal-tribal arrangements 

4 under which Indian tribes and tribal organizations 

5 may more effectively and efficiently combine Federal 

6 and tribal resources to support economic develop7 ment projects; 

8 (4) to promote the coordination of Native 

9 American economic programs to maximize the bene10 fits of those programs to encourage a more consoli11 dated, national policy for economic development; and 

12 (5) to establish a procedure to aid Indian tribes 

13 in obtaining Federal resources and in more effi14 ciently administering those resources for the further15 ance of tribal self-governance and self-determination. 

16 SEC. 902. DEFINITIONS. 

17 In this title: 

18 (1) APPLICANT.—The term ‘‘applicant’’ means 

19 an Indian tribe or tribal organization, or a consor20 tium of Indian tribes or tribal organizations, that 

21 submits an application under this title for assistance 

22 in carrying out a project. 

23 (2) ASSISTANCE.—The term ‘‘assistance’’ 

24 means the transfer of anything of value for a public 

25 purpose, support, or stimulation that is— 


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1 (A) authorized by a law of the United 

2 States; 

3 (B) provided by the Federal Government 

4 through grant or contractual arrangements (in5 cluding technical assistance programs providing 

6 assistance by loan, loan guarantee, or insur7 ance); and 

8 (C) authorized to include an Indian tribe 

9 or tribal organization, or a consortium of In10 dian tribes or tribal organizations, as eligible 

11 for receipt of funds under a statutory or admin12 istrative formula for the purposes of commu13 nity, economic, or business development. 

14 (3) ASSISTANCE PROGRAM.—The term ‘‘assist15 ance program’’ means any program of the Federal 

16 Government that provides assistance for which In17 dian tribes or tribal organizations are eligible. 

18 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

19 means any Indian tribe, band, nation, pueblo, or 

20 other organized group or community which is recog21 nized as eligible for the special programs and serv22 ices provided by the United States to Indians be23 cause of their status as Indians. 

24 (5) PROJECT.— 


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1 (A) IN GENERAL.—The term ‘‘project’’ 

2 means a community, economic, or business de3 velopment undertaking that includes compo4 nents that contribute materially to carrying out 

5 a purpose or closely-related purposes that are 

6 proposed or approved for assistance under more 

7 than 1 Federal Government program. 

8 (B) INCLUSION.—The term ‘‘project’’ in9 cludes a project designed to improve the envi10 ronment, a housing facility, a community facil11 ity, a business or industrial facility, or trans12 portation, a road, or a highway, with respect to 

13 an Indian tribe, tribal organization, or consor14 tium. 

15 (6) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (7) TRIBAL ORGANIZATION.—The term ‘‘tribal 

18 organization’’ has the meaning given the term in 

19 section 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 450b). 

21 SEC. 903. LEAD AGENCY. 

22 The Department of the Interior shall be the lead 

23 agency for purposes of carrying out this title. 

24 SEC. 904. SELECTION OF PARTICIPATING TRIBES. 

25 (a) PARTICIPANTS.— 


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1 (1) IN GENERAL.—The Secretary may select 

2 from the applicant pool described in subsection (b) 

3 Indian tribes or tribal organizations, not to exceed 

4 24 in each fiscal year, to submit an application to 

5 carry out a project under this title. 

6 (2) CONSORTIA.—Two or more Indian tribes or 

7 tribal organizations that are otherwise eligible to 

8 participate in a program or activity to which this 

9 title applies may form a consortium to participate as 

10 an applicant under paragraph (1). 

11 (b) APPLICANT POOL.—The applicant pool described 

12 in this subsection shall consist of each Indian tribe or trib13 al organization that— 

14 (1) successfully completes the planning phase 

15 described in subsection (c); 

16 (2) requests participation in a project under 

17 this title through a resolution or other official action 

18 of the tribal governing body; and 

19 (3) demonstrates, for the 3 fiscal years imme20 diately preceding the fiscal year for which participa21 tion is requested, financial stability and financial 

22 management capability as demonstrated by a show23 ing by the Indian tribe or tribal organization that 

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1 quired annual audit of the self-determination con2 tracts of the Indian tribe or tribal organization. 

3 (c) PLANNING PHASE.—Each applicant— 

4 (1) shall complete a planning phase that in5 cludes— 

6 (A) legal and budgetary research; and 

7 (B) internal tribal government and organi8 zational preparation; and 

9 (2) on completion of the planning phase, shall 

10 be eligible for joint assistance with respect to a 

11 project. 

12 SEC. 905. APPLICATION REQUIREMENTS, REVIEW, AND AP13 PROVAL. 

14 (a) REQUIREMENTS.—An applicant shall submit to 

15 the head of the Federal agency responsible for admin16 istering the primary Federal program to be affected by 

17 the project an application that— 

18 (1) identifies the programs to be integrated; 

19 (2) proposes programs that are consistent with 

20 the purposes described in section 901; 

21 (3) describes— 

22 (A) a comprehensive strategy that identi23 fies the manner in which Federal funds are to 

24 be integrated and delivered under the project; 

25 and 


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1 (B) the results expected from the project; 

2 (4) identifies the projected expenditures under 

3 the project in a single budget; 

4 (5) identifies the agency or agencies of the trib5 al government that are to be involved in the project; 

6 (6) identifies any Federal statutory provisions, 

7 regulations, policies, or procedures that the appli8 cant requests be waived in order to implement the 

9 project; and 

10 (7) is approved by the governing body of the 

11 applicant, including, in the case of an applicant that 

12 is a consortium or tribes or tribal organizations, the 

13 governing body of each affected member tribe or 

14 tribal organization. 

15 (b) REVIEW.—On receipt of an application that 

16 meets the requirements of subsection (a), the head of the 

17 Federal agency receiving the application shall— 

18 (1) consult with the applicant and with the 

19 head of each Federal agency that is proposed to pro20 vide funds to implement the project; and 

21 (2) consult and coordinate with the Department 

22 of the Interior as the lead agency under this title for 

23 the purposes of processing the application. 

24 (c) APPROVAL.— 

25 (1) WAIVERS.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), notwithstanding any other provision 

3 of law, the head of the Federal agency respon4 sible for administering any statutory provision, 

5 regulation, policy, or procedure that is identi6 fied in an application in accordance with sub7 section (a)(6) or as a result of the consultation 

8 required under subsection (b), and that is re9 quested by the applicant to be waived, shall 

10 waive the statutory provision, regulation, policy, 

11 or procedure. 

12 (B) LIMITATION.—A statutory provision, 

13 regulation, policy, or procedure identified for 

14 waiver under subparagraph (A) may not be 

15 waived by an agency head if the agency head 

16 determines that a waiver would be inconsistent 

17 with— 

18 (i) the purposes described in section 

19 901; or 

20 (ii) any provision of the statute gov21 erning the program involved that is specifi22 cally applicable to Indian programs. 

23 (2) PROJECT.— 

24 (A) IN GENERAL.—Not later than 90 days 

25 after the date of receipt of an application that 


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1 meets the requirements of subsection (a), the 

2 head of the Federal agency receiving the appli3 cation shall inform the applicant, in writing, of 

4 the approval or disapproval of the application, 

5 including the approval or disapproval of any 

6 waiver sought under paragraph (1). 

7 (B) DISAPPROVAL.—If an application or 

8 waiver is disapproved— 

9 (i) the written notice shall identify the 

10 reasons for the disapproval; and 

11 (ii) the applicant shall be provided an 

12 opportunity to amend the application or to 

13 petition the agency head to reconsider the 

14 disapproval. 

15 SEC. 906. AUTHORITY OF HEADS OF FEDERAL AGENCIES. 

16 (a) IN GENERAL.—The President, acting through the 

17 heads of the appropriate Federal agencies, shall promul18 gate regulations necessary— 

19 (1) to carry out this title; and 

20 (2) to ensure that this title is applied and im21 plemented by all Federal agencies. 

22 (b) SCOPE OF COVERAGE.—The Federal agencies 

23 that are included within the scope of this title shall in24 clude— 

25 (1) the Department of Agriculture; 


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1 (2) the Department of Commerce; 

2 (3) the Department of Defense; 

3 (4) the Department of Education; 

4 (5) the Department of Energy; 

5 (6) the Department of Health and Human 

6 Services; 

7 (7) the Department of Homeland Security; 

8 (8) the Department of Housing and Urban De9 velopment; 

10 (9) the Department of the Interior; 

11 (10) the Department of Justice; 

12 (11) the Department of Labor; 

13 (12) the Department of Transportation; 

14 (13) the Department of the Treasury; 

15 (14) the Department of Veterans Affairs; 

16 (15) the Environmental Protection Agency; 

17 (16) the Small Business Administration; and 

18 (17) such other agencies as the President deter19 mines to be appropriate. 

20 (c) ACTIVITIES.—Notwithstanding any other provi21 sion of law, the head of each Federal agency, acting alone 

22 or jointly through an agreement with another Federal 

23 agency, may— 

24 (1) identify related Federal programs that are 

25 suitable for providing joint financing of specific 


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1 kinds of projects with respect to Indian tribes or 

2 tribal organizations; 

3 (2) assist in planning and developing such 

4 projects to be financed through different Federal 

5 programs; 

6 (3) with respect to Federal programs or 

7 projects that are identified or developed under para8 graphs (1) or (2), develop and prescribe— 

9 (A) guidelines; 

10 (B) model or illustrative projects; 

11 (C) joint or common application forms; 

12 and 

13 (D) other materials or guidance; 

14 (4) review administrative program requirements 

15 to identify requirements that may impede the joint 

16 financing of such projects and modify the require17 ments appropriately; 

18 (5) establish common technical and administra19 tive regulations for related Federal programs to as20 sist in providing joint financing to support a specific 

21 project or class of projects; and 

22 (6) establish joint or common application proc23 essing and project supervision procedures, including 

24 procedures for designating— 


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1 (A) an agency responsible for processing 

2 applications; and 

3 (B) a lead agency responsible for project 

4 supervision. 

5 (d) REQUIREMENTS.—In carrying out this title, the 

6 head of each Federal agency shall— 

7 (1) take all appropriate actions to carry out this 

8 title when administering an assistance program; 

9 (2) consult and cooperate with the heads of 

10 other Federal agencies; and 

11 (3) assist in the administration of assistance 

12 programs of other Federal agencies that may be 

13 used to jointly finance projects undertaken by Indian 

14 tribes or tribal organizations. 

15 SEC. 907. PROCEDURES FOR PROCESSING REQUESTS FOR 

16 JOINT FINANCING. 

17 In processing an application for assistance for a 

18 project to be financed in accordance with this title by at 

19 least 2 assistance programs, the head of a Federal agency 

20 shall take all appropriate actions to ensure that— 

21 (1) required reviews and approvals are handled 

22 expeditiously; 

23 (2) complete account is taken of special consid24 erations of timing that are made known to the head 


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1 of the Federal agency by the applicant that would 

2 affect the feasibility of a jointly financed project; 

3 (3) an applicant is required to deal with a min4 imum number of representatives of the Federal Gov5 ernment; 

6 (4) an applicant is promptly informed of a deci7 sion or problem that could affect the feasibility of 

8 providing joint assistance under the application; and 

9 (5) an applicant is not required to get informa10 tion or assurances from 1 Federal agency for a re11 questing Federal agency in a case in which the re12 questing agency makes the information or assur13 ances directly. 

14 SEC. 908. UNIFORM ADMINISTRATIVE PROCEDURES. 

15 (a) IN GENERAL.—To make participation in a project 

16 simpler than would otherwise be practicable because of the 

17 application of inconsistent or conflicting technical or ad18 ministrative regulations or procedures that are not specifi19 cally required by the statute that governs the Federal pro20 gram under which the project is funded, the head of a 

21 Federal agency may promulgate uniform regulations con22 cerning inconsistent or conflicting requirements with re23 spect to— 

24 (1) the financial administration of the project, 

25 including with respect to accounting, reporting, and 


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1 auditing, and maintaining a separate bank account, 

2 to the extent consistent with this title; 

3 (2) the timing of payments by the Federal Gov4 ernment for the project in a case in which 1 pay5 ment schedule or a combined payment schedule is to 

6 be established for the project; 

7 (3) the provision of assistance by grant rather 

8 than procurement contract; and 

9 (4) the accountability for, or the disposition of, 

10 records, property, or structures acquired or con11 structed with assistance from the Federal Govern12 ment under the project. 

13 (b) REVIEW.—To make the processing of applications 

14 for assistance under a project simpler under this title, the 

15 head of a Federal agency may provide for review of pro16 posals for a project by a single panel, board, or committee 

17 in any case in which reviews by separate panels, boards, 

18 or committees are not specifically required by the statute 

19 that authorizes the Federal program under which the 

20 project is funded. 

21 SEC. 909. DELEGATION OF SUPERVISION OF ASSISTANCE. 

22 (a) IN GENERAL.—In accordance with regulations 

23 promulgated under section 906(a), the head of a Federal 

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1 vise a project or class of projects jointly financed in ac2 cordance with this title. 

3 (b) CONDITIONS.—A delegation or other arrange4 ment under subsection (a)— 

5 (1) shall be made under conditions ensuring 

6 that the duties and powers delegated are exercised 

7 consistent with Federal law; and 

8 (2) may not be made in a manner that relieves 

9 the head of a Federal agency of responsibility for 

10 the proper and efficient management of a project for 

11 which the agency provides assistance. 

12 SEC. 910. JOINT ASSISTANCE FUNDS AND PROJECT FACILI13 TATION. 

14 (a) JOINT ASSISTANCE FUND.—In providing support 

15 for a project in accordance with this title, the head of a 

16 Federal agency may provide for the establishment in the 

17 Treasury by an applicant of a joint assistance fund to en18 sure that amounts received by the applicant from more 

19 than 1 assistance program or appropriation are effectively 

20 administered. 

21 (b) AGREEMENT.— 

22 (1) IN GENERAL.—A joint assistance fund may 

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1 volved concerning the responsibilities of each such 

2 agency. 

3 (2) REQUIREMENTS OF AGREEMENT.—An 

4 agreement under paragraph (1) shall— 

5 (A) ensure the availability of necessary in6 formation to Federal agencies and Congress; 

7 and 

8 (B) provide that the agency providing for 

9 the establishment of the fund under subsection 

10 (a) is responsible and accountable by program 

11 and appropriation for the amounts provided for 

12 the purposes of each fund. 

13 (c) USE OF EXCESS FUNDS.—In any project con14 ducted under this title for which a joint assistance fund 

15 has been established under subsection (a) and the actual 

16 costs of the project are less than the estimated costs, use 

17 of the excess funds shall be determined by the head of 

18 the Federal agency administering the joint assistance 

19 fund, after consultation with the applicant. 

20 SEC. 911. FINANCIAL MANAGEMENT, ACCOUNTABILITY, 

21 AND AUDITS. 

22 (a) SINGLE AUDIT ACT.—Recipients of funding pro23 vided in accordance with this title shall be subject to chap24 ter 75 of title 31, United States Code. 

25 (b) RECORDS.— 


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1 (1) IN GENERAL.—With respect to each project 

2 financed through an account in a joint assistance 

3 fund established under section 910, the recipient of 

4 amounts from the fund shall maintain records as re5 quired by the head of the Federal agency responsible 

6 for administering the fund. 

7 (2) REQUIREMENTS.—Records described in 

8 paragraph (1) shall disclose— 

9 (A) the amount and disposition by the re10 cipient of assistance received under each Fed11 eral assistance program and appropriation; 

12 (B) the total cost of the project for which 

13 such assistance was given or used; 

14 (C) the part of the cost of the project pro15 vided from other sources; and 

16 (D) such other information as the head of 

17 the Federal agency responsible for admin18 istering the fund determines will facilitate the 

19 conduct of an audit of the project. 

20 (c) AVAILABILITY.—Records of a recipient related to 

21 an amount received from a joint assistance fund under 

22 this title shall be made available, for inspection and audit, 

23 to— 

24 (1) the head of the Federal agency responsible 

25 for administering the fund; and 


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1 (2) the Comptroller General of the United 

2 States. 

3 SEC. 912. TECHNICAL ASSISTANCE AND PERSONNEL TRAIN4 ING. 

5 Amounts available for technical assistance and per6 sonnel training under any Federal assistance program 

7 shall be available for technical assistance and training 

8 under a project approved for joint financing under this 

9 title if the use of the funds involves the Federal assistance 

10 program and the project approved for joint financing. 

11 SEC. 913. JOINT STATE FINANCING FOR FEDERAL-TRIBAL 

12 ASSISTED PROJECTS. 

13 (a) IN GENERAL.—Under regulations promulgated 

14 under section 906(a), the head of a Federal agency may 

15 enter into an agreement with a State to extend the bene16 fits of this title to a project that involves assistance 

17 from— 

18 (1) at least 1 Federal agency; 

19 (2) a State; and 

20 (3) at least 1 tribal agency or instrumentality. 

21 (b) JOINT ACTION.—An agreement under subsection 

22 (a) may include arrangements to process requests or ad23 minister assistance on a joint basis. 


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1 SEC. 914. REPORT TO CONGRESS. 

2 Not later than 1 year after the date of enactment 

3 of this title, the President shall submit to Congress a re4 port that includes— 

5 (1) a description of actions taken under this 

6 title; 

7 (2) a detailed evaluation of the implementation 

8 of this title, including information on the benefits 

9 and costs of jointly financed projects that accrue to 

10 participating Indian tribes and tribal organizations; 

11 and 

12 (3) recommendations (including legislative rec13 ommendations) of the President with respect to im14 provement of this title. 

Æ 


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